Langridge v. Liberty Mutual Insurance Company

Filing 12

ORDER re: 11 Stipulation. The Court ORDERS as follows: (1) Default as to Liberty Mutual is set aside; (2) Plaintiff's claims against Liberty Mutual are dismissed without prejudice; (3) U.S. Roche Health and Welfare Benefits VEBA Plan is s ubstituted as a defendant for Liberty Mutual; (4) Plaintiff shall file a First Amended Complaint to reflect said substitution; and (5) U.S. Roche's response to the amended complaint shall be due 20 days after it is filed and served. Signed by Judge Maria-Elena James on 2/5/2016. (cdnS, COURT STAFF) (Filed on 2/5/2016)

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JOSEPH C. LIBURT (STATE BAR NO. 155507)
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
650-614-7400
Facsimile:
650-614-7401
[e-mail]

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Attorneys for Plaintiff
JESSICA LANGRIDGE

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DAVID M. LILIENSTEIN, ESQ. (SBN 218923)
JESSICA M. CHO, ESQ. (SBN 303441)
DL LAW GROUP
345 Franklin Street.
San Francisco, California 94102
Telephone:
415-678-5050
Facsimile:
415-358-8484
[e-mail]
[e-mail]

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Attorneys for Defendant
U.S. ROCHE HEALTH AND WELFARE BENEFITS
VEBA PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSICA LANGRIDGE,

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Plaintiff,
v.
LIBERTY MUTUAL INSURANCE
COMPANY AND DOES 1 THROUGH 10,

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Case No. 3:15-cv-04235-MEJ
STIPULATION TO FILE FIRST
AMENDED COMPLAINT,
SUBSTITUTE PARTY, SET ASIDE
DEFAULT, AND DISMISS
PLAINTIFF’S CLAIMS AGAINST
LIBERTY MUTUAL INSURANCE
COMPANY

Defendants.
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STIPULATION TO FILE FIRST AMENDED COMPLAINT,
SUBSTITUTE PARTY, SET ASIDE DEFAULT, AND DISMISS
PLAINTIFF’S CLAIMS AGAINST LIBERTY MUTUAL
INSURANCE COMPANY [3:15-CV-04235-MEJ]

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Plaintiff Jessica Langridge (“Plaintiff”) and U.S. Roche Health and Welfare Benefits

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VEBA Plan (collectively, the “Parties”), by and through their respective counsel, hereby stipulate

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and agree as follows:

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WHEREAS, Plaintiff filed her Complaint in this Court on September 17, 2015;

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WHEREAS, Plaintiff filed a Request to Enter Default as to Liberty Mutual Insurance

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Company (“Liberty Mutual”) on November 25, 2015;

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WHEREAS, the Clerk of Court entered Default as to Liberty Mutual on December 1,
2015;
WHEREAS, Plaintiff seeks to amend the Complaint to substitute U.S. Roche Health and
Welfare Benefits VEBA Plan as a defendant for Liberty Mutual;

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WHEREAS, U.S. Roche Health and Welfare Benefits VEBA Plan stipulates and agrees to

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the filing of Plaintiff’s First Amended Complaint and acknowledges that it is the proper defendant

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to Plaintiff’s disability benefits claim;

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WHEREAS, the Parties stipulate to set aside the Default that was entered on December 1,
2015 as to Liberty Mutual;
WHEREAS, the Parties stipulate to the dismissal without prejudice of all of Plaintiff’s
claims against Liberty Mutual in this action.
THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through
their respective counsel of record, as follows:

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1.

Plaintiff may have leave to file the First Amended Complaint.

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2.

U.S. Roche Health and Welfare Benefits VEBA Plan is substituted as a defendant

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for Liberty Mutual. The substitution of the proper defendant relates back to the filing of the

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original Complaint.

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3.

U.S. Roche Health and Welfare Benefits VEBA Plan’s response to the First

Amended Complaint shall be due 20 days after the First Amended Complaint is filed and served.

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4.

The Default entered as to Liberty Mutual shall be set aside.

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5.

Plaintiff’s claims against Liberty Mutual in this action shall be dismissed without

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STIPULATION TO FILE FIRST AMENDED COMPLAINT,
SUBSTITUTE PARTY, SET ASIDE DEFAULT, AND DISMISS
PLAINTIFF’S CLAIMS AGAINST LIBERTY MUTUAL
INSURANCE COMPANY [3:15-CV-04235-MEJ]

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prejudice.

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Dated: February 2, 2016

DL LAW GROUP

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By:

/s/ David M. Lilienstein
DAVID M. LILIENSTEIN
Attorneys for Plaintiff
JESSICA LANGRIDGE

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Dated: February 2, 2016

ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

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/s/ Joseph C. Liburt
JOSEPH C. LIBURT
Attorneys for Defendant
U.S. ROCHE HEALTH AND WELFARE
BENEFITS VEBA PLAN

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Filer’s Attestation: Pursuant to Local Rule 5-1, I attest under penalty of perjury that
concurrence in the filing of the document has been obtained from its signatory.

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Dated: February 2, 2016

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By:

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O ORD
IT IS S

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Dated: February 5, 2016

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/s/ Joseph C. Liburt
JOSEPH C. LIBURT

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STIPULATION TO FILE FIRST AMENDED COMPLAINT,
SUBSTITUTE PARTY, SET ASIDE DEFAULT, AND DISMISS
PLAINTIFF’S CLAIMS AGAINST LIBERTY MUTUAL
INSURANCE COMPANY [3:15-CV-04235-MEJ]